Generative AI has the opportunity to revolutionize the interconnectedness of creating and publishing academic material. The creation and use of OER can also benefit from the uses of generative AI, but there is also a clear and present danger of using AI to replace the author of copyrighted material. At what point does the work done by AI overshadow the work by a person so that it can or cannot be assigned copyright that allows it to follow the 5 Rs and become OER. This presentation and discussion will focus of the gray area of OER and copyright and the usefulness and of AI as a tool in its generation.